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U.S. Code as of:
01/19/04
Section 1068. Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation
In such proceedings the Director may refuse to register the
opposed mark, may cancel the registration, in whole or in part, may
modify the application or registration by limiting the goods or
services specified therein, may otherwise restrict or rectify with
respect to the register the registration of a registered mark, may
refuse to register any or all of several interfering marks, or may
register the mark or marks for the person or persons entitled
thereto, as the rights of the parties under this chapter may be
established in the proceedings: Provided, That in the case of the
registration of any mark based on concurrent use, the Director
shall determine and fix the conditions and limitations provided for
in subsection (d) of section 1052 of this title. However, no final
judgment shall be entered in favor of an applicant under section
1051(b) of this title before the mark is registered, if such
applicant cannot prevail without establishing constructive use
pursuant to section 1057(c) of this title.
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